Regulations

TERMS AND CONDITIONS OF ONLINE SHOP
www.sylviadara.com

The online shop SYLVIA DARA available at www.sylviadara.com is run by Sylwia Dyda, running the business under the name SYLVIA DARA Sylwia Dyda, registered address: ul. Kowalczyk 11B, postal code: 34-460 Szczawnica, NIP: 7352384598, REGON: 386242037 (hereinafter: “Seller”), registered in the Central Registration and Information on Business Activity (CEIDG).

Correspondence address:
Sklep online SYLVIA DARA
ul. Kobierzyńska 63/13
30-363 Kraków
woj. małopolskie
POLAND

E-mail address:
kontakt@sylviadara.com

Telephone number:
506 496 381

Return address:
Sklep online SYLVIA DARA
ul. Kobierzyńska 63/13
30-363 Kraków
woj. małopolskie
POLAND

I. General provisions

1. These Regulations define the principles of using the Online Shop and purchasing products offered within its framework, including placing and processing orders, complaints and returns of purchased products, principles of registration and using a registered user account, as well as newsletter sending.
2. The condition of buying in SYLVIA DARA Online Shop is to be acquainted with the content of the present Regulations and its acceptance by ticking an active checkbox marked “I accept the Regulations and Privacy Policy” visible during the process of making an order.
3. In order to browse the content of the SYLVIA DARA Online Shop it is necessary to possess a device which makes it possible to access the Internet, including the program which is used to browse its resources. If the customer wishes to make a purchase in the SYLVIA DARA Online Shop, it will also be necessary to have an active e-mail account.
4. The User or the Purchaser is obliged to use the Online Shop in a manner consistent with its purpose and the rules of these Regulations.
5. The Seller does not charge any fees for communication with her through the means of distance communication, and the user or buyer bears the costs thereof in the amount resulting from the agreement concluded with the third party (Internet service provider, telephone service provider) providing him/her with a particular service enabling remote communication.

II. Rules of placing orders

1. Zamówienia w Sklepie Internetowym SYLVIA DARA można składać 24 godziny na dobę, 7 dni w tygodniu, przez cały rok. W przypadku awarii lub konieczności przeprowadzenia prac aktualizacyjnych w Sklepie lub tym podobnych prac, korzystanie ze Sklepu lub niektórych jego funkcjonalności może być wyłączone lub Orders in SYLVIA DARA Online Shop can be placed 24 hours a day, 7 days a week, all year round. In the event of failure or the need to carry out update works in the Store or similar works, the use of the Store or some of its functionalities may be disabled or limited. In this case, however, the Seller will make every effort to remove the failure as soon as possible, and in the case of work that can be planned in advance, the Seller will inform users in advance of possible disruptions.
2. Orders in SYLVIA DARA Online Shop can be placed without the necessity of user registration (the Internet Shop enables shopping as a guest).
3. Orders can be placed via the Online Shop by adding the product or products of your choice to the basket and by filling in the order form completely.
4. Orders can be placed by natural or legal persons of full legal age.
5. Placing an order constitutes the Seller’s conclusion of the goods being the subject of the order, subject to the following sentence: In the event that the Seller offers personalised and customised products (according to the product description), then the conclusion of the contract of sale occurs when the Seller confirms the order. Confirmation of the order by the Buyer by the Seller shall constitute conclusion of the agreement of sale of the goods subject to the order by the Seller with the Buyer at a distance.
6. Ordering a personalised product by the Buyer, created individually for the Buyer according to the colour and size indicated, is not subject to returns or exchanges. Seller reserves that the product created by hand on individual order being handicraft, may vary slightly, not be identical to the product in stock, shown in the picture. The seller reserves the right that the colours indicated on the palette / photo, available for personalised product may vary slightly from the actual colour scheme. The Buyer, when deciding on a product for an individual order, accepts minor differences from the product in the photo, resulting from the uniqueness of the handicraft. The Buyer, when deciding on the individual order of the product, accepts its implementation time of 2-3 weeks, not including the delivery time which is 2-4 working days. The seller is obliged to compensate the buyer if the delivery time is delayed beyond 3 weeks.
7. The Buyer ordering the goods will be asked to provide complete and accurate data necessary for shipment of the goods. Incomplete or false data may cause a delay in delivery of goods.
8. After placing an order, the buyer will receive information confirming the order by e-mail. If you do not receive such information, please verify that the message is not in SPAM, and if it is not, please contact us by phone or e-mail.

Methods and terms of payment

1. When ordering from the SYLVIA DARA Shop, you can make payments as follows:
   a. Payment by Przelewy24 – payment in advance.
   b. payment by BLIK, provided that the Buyer’s bank offers payment via the BLIK application – payment in advance. Payment via the BLIK application requires a smartphone with access to the Internet.
   c. traditional bank transfer to the following bank account of the Seller … – payment in advance:
   PKO SA 35 1240 1444 1111 0010 9913 5169;
   d. Payment in cash on delivery in case of choosing cash on delivery.
2. Please pay for your order within a maximum of 24 hours of placing it. In the absence of payment within this period, we will contact you about the processing of the order.
   All product prices listed on our Store’s website are gross prices (including VAT) and are expressed in Polish zloty (PLN). Payment for products is also made in Polish zloty (PLN).
3. The price given next to each available product does not include delivery costs. Delivery costs shall be automatically added to the order total during the order placement process, i.e. during the subsequent steps of the purchase path in the Store, after the Buyer has selected the appropriate delivery option.
4. A purchase document is issued for each order. A VAT invoice is issued on the individual request of the customer, after providing the data in the order form.

III. Delivery of ordered goods

1. Our Products are delivered throughout Poland by registered mail. The Buyer chooses the delivery method in the process of placing the order, in accordance with the methods of delivery currently offered by the Store: via courier or parcel machines InPost.
2. The Buyer bears the Product delivery costs. Current delivery costs are listed in the Delivery tab in the footer of our Online Shop and additionally during the purchase path.
3. The Products purchased in the Online Shop are shipped within 2-4 working days (in accordance with the contract with the carrier delivering the product). The Seller is not responsible for non-delivery of the product or a delay in delivery caused by an incorrect or inaccurate address provided by the Customer.
4. The Buyer is obliged to check the package in the presence of the courier. In case of noticing any damage to the parcel, it is necessary to draw up a transport damage protocol and immediately notify the Seller about this fact by sending an e-mail. Failure to write the damage protocol with the courier may prevent the initiation of the complaint procedure and thus the return of the Product. 

IV. Complaints

1. All Products offered by our Online Store are new and covered by the warranty under the terms of the Civil Code. The Seller undertakes to deliver goods without defects.
2. If the Buyer finds a defect in the product, he is entitled to make appropriate claims in accordance with the Civil Code, in particular the Buyer may demand:
   a. to rectify the defect in the goods,
   b. exchange the goods for a new one,
   c. withdraw from the contract with reimbursement of mutual benefits – if the defect is significant.
3. The Buyer may report his claims regarding Product defects in particular to the following e-mail address: kontakt@sylviadara.com using the complaint form downloaded from this website, or by sending the form by post to the Seller’s correspondence address given in the regulations.
4. If possible, please attach to the complaint a proof of purchase (receipt, invoice), which will help us to identify your purchase and will be helpful in determining such circumstances as: place, date of sale, type of product sold, its price.
5. In order to make the complaint process faster and more efficient, please include your name, order number, the reason for the complaint (product defect), the date of receipt of the goods and the date on which the product defect was found as well as the reported claim. Please also provide contact details so that we can contact you regarding the complaint and inform you of the manner of processing the complaint (telephone number or e-mail address, depending on the individual preferences of the buyer). In order to make the complaint process easier, we have prepared a complaint form available under this link. Please enclose the complaint form to the return shipment with the advertised product.
6. Please deliver the product under complaint to the Seller’s address (address for receiving returns and complaints given at the beginning of these Terms and CComplaints relating to the Newsletter service and other services provided electronically, including irregularities in the operation of the Online Store or a registered user’s or Customer’s account, can be submitted via e-mail to: kontakt@sylviadara.com or by post.
7. A complaint shall be considered within 14 working days. You will be notified of the manner of processing the complaint by e-mail or in writing to the address indicated in the complaint letter..
8. In case the complaint is not accepted by the Seller, the Product will be returned together with the opinion as to why the complaint is unjustified.
9. In the case of positive consideration of the complaint in a manner justifying the return of the payment made for the purchased Product, the amount due will be returned as soon as possible, but no later than within 14 days from the date of acceptance of the complaint by the Seller. The refund shall be made in a manner analogous to the manner in which the payment for the delivery of the Product complained of was made.

V. Right of withdrawal

1. The Customer who is a consumer may withdraw from the contract of sale without giving any reason and without incurring additional costs on this account, except for direct costs of returning/sending the Product to the Seller, subject to paragraph 2 below.
2. The right to withdraw from the remote contract does not apply in a situation where the subject of the purchase will be a non-prefabricated item, manufactured to the specifications of the Consumer, or tailored to his individual needs.
3. A consumer is a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
4. Right of withdrawal can be exercised within 14 days from the date of receipt of goods by the Consumer or a third party indicated by him other than the carrier, by making an appropriate statement to the Seller.
5. To meet the deadline for withdrawal from the sales contract it is sufficient to effectively submit the appropriate form to the Seller. The form is available at www.sylviadara.com in the Returns and Complaints tab or fill out a ready-made form enclosed with the purchased Product. The completed and signed form should be sent back together with the returned Product, or by post to the Seller’s correspondence address indicated in the introduction to these Terms and Conditions.
6. In the case of withdrawal from the contract of sale, the contract is considered unconcluded (in the scope to which the withdrawal applies), and the Parties are obliged to return what they mutually provided to each other on its basis.
7. The Consumer is obliged to return the goods to the Seller immediately, but no later than 14 days from the date of withdrawal. To meet the deadline it is sufficient to return the Product before the expiry of the aforementioned period.
8. When sending the returned Product to us, please make sure that it bears no signs of use, is clean, packed in the original packaging and has tags.
9. The Consumer shall be liable for any reduction in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.
10. As the Seller we are obliged to return immediately, but not later than within 14 days from the date of receipt from the Buyer who is the Consumer of the statement of withdrawal from the sales contract, all payments made by the Buyer who is the Consumer, i.e. the purchase price of the goods and the costs of delivery from SYLVIA DARA to the Buyer, subject to paragraph 11 and paragraph 12 below. In the event of a partial return of an order, the aforementioned shipping costs will not be refunded.
11. As a Seller, we have the right to withhold reimbursement of payments received from a Buyer who is a Consumer until we receive the goods back or provide proof of their return, whichever of these events occurs first.
12. In a situation where such a possibility is offered by our Online Shop and you, as a Consumer, have chosen a delivery method other than the cheapest of the offered delivery methods, we shall not be obliged to reimburse you for any additional costs incurred by you beyond the cheapest ordinary delivery method.
13. We will reimburse you using the same method of payment that you chose when purchasing from our Online Shop, unless you expressly agree to a different method of reimbursement, e.g. to a bank account provided by you.
14. In any case, you will not incur any charges in connection with the return of your payment by us.
15. SYLVIA DARA Online Shop does not accept parcels sent on delivery (COD).

VI. Customer account

1. The On-line shop makes available the service of maintaining a client’s or user’s account.
2. The condition of creating a customer account (registered user) in SYLVIA DARA Online Shop is to be acquainted with the content of the present Regulations and Privacy Policy and to accept them by ticking an active checkbox marked “I accept the Regulations and Privacy Policy” visible during the process of user registration.
3. When creating a registered user account in the Shop, you will be asked to fill in a form intended for this purpose by providing your first name, surname and e-mail address. You will also have the opportunity to set a password to protect access to your account against unauthorised persons. The e-mail address you enter will also serve as the login to your account. After registration, you can log into your customer account at any time and make changes to the data you have provided.
4. Customer registration in the Shop is confirmed by e-mail. As a registered user you can delete your account from the Shop at any time. Removing an account from the Online Shop is tantamount to the termination of the contract for the free provision of electronic services consisting in maintaining a registered user account by the Shop.
5. Użytkownik konta w Sklepie jest odpowiedzialny za bezpieczeństwo i właściwe używanie loginu i hasła, które powinien przechowywać z zachowaniem zasad The Store account user is responsible for the security and proper use of the login and password, which should be kept confidential. If there are circumstances indicating a suspicion that a customer login or password has been obtained by an unauthorised person, please immediately notify the Store personnel.

VII. Newsletter

1. The Seller offers a Newsletter service.
2. Newsletter is a free service provided by the Seller to the user electronically and consists in sending e-mails, through which the Seller informs about promotions, discounts, products, services as well as important marketing actions or other important information from the point of view of the Internet Shop operations and/or in order to implement the Administrator’s legally justified goal, which is direct marketing.
3. ZSubscription to Newsletter takes place through a subscription form available at the Shop website after the user gives consent to receive marketing and commercial information by means of electronic communication, e.g. e-mail, within the meaning of the Act on Electronic Provision of Services and consent to the Administrator’s use of the user’s telecommunications terminal equipment (e.g. phone, tablet, computer) for direct marketing of the Seller’s products and services and presentation of commercial information to the user in accordance with Article 172(1) of the Telecommunications Act.
4. The above-mentioned consents are voluntary, however, they are necessary to send the newsletter, including, among others, information about services, new products, promotions, discounts, special actions of the Seller, etc. Consents may be withdrawn at any time, which will result in the discontinuation of sending the newsletter in accordance with the rules contained in the Privacy Policy.
5. Signing up for the Newsletter requires the mandatory provision of a first name and email address, and optionally a last name. Data obtained in this way are added to the Seller’s mailing list for the purpose of sending the newsletter.
6. The newsletter is sent for an indefinite period of time, from the time of confirming the subscription by the user until the withdrawal of consent.
7. The mailing system used to send the newsletter records all activity and actions taken by the user in connection with the emails sent to him (date and time of opening the message, clicks on links contained in the email, moment of unsubscribing, etc.). We may use this data for analytical and statistical purposes or to better tailor our offer.

VIII. Data protection

1. The Seller is the administrator of personal data provided by the buyer in the process of order placement and also in relation to the provision of electronic services by the Seller (registered user account, newsletter).
2. The Seller processes the buyer’s personal data in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “RODO”). The Seller’s processing of personal data is detailed in the Privacy Policy.

IX. Final provisions

1. The Seller has the right to make changes to these Terms and Conditions, in particular in case of important reasons such as:
   a. changes in the provisions of law having a direct impact on the content of these Terms and Conditions;
   b. imposing certain obligations by the state authorities;
   c. changes in the product price list, introduction of new delivery methods;
   d. improvement of the operation of the Online Shop;
   e. improvement of User privacy protection;
   f. changes to the Privacy Policy affecting the content of the Terms and Conditions;
   g. prevention of abuse and security reasons;
   h. technological and functional changes;
   i. changes in the scope of services provided, including the introduction of new services;
   j. editorial changes;
   k. changes to the Seller’s identification data.
   In the event of changes to the Terms and Conditions it shall be published on the website of the Online Store under the tab: www.sylviadara.com.
2. The amended Terms and Conditions shall enter into force as of the date of publication on the Seller’s website.
3. Orders placed before the amendments to the Terms and Conditions come into force will be fulfilled on the previous terms, i.e. according to the content of the Terms and Conditions from the date of the order and its acceptance.
4. All graphic elements, layout and composition of the Store’s websites (so-called layout) are the property of the Seller and are subject to copyright protection and industrial property rights, including trademark registration rights and trademark protection rights, and cannot be used by third parties without the consent of the Seller.
5. These Terms and Conditions shall be effective from the date of publication on the Seller’s website.